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NEW: #BigLie perps Matthew DePerno, Bill Bailey & Douglas Frank smacked down in MI court: "Judge quashes Antrim 'fishing expedition' subpoenas" “Since we have paper ballots, this [is] failure to understand how elections are conducted in Michigan” #Dominion
https://www.record-eagle.com/news/judge ... 7f9fa.htmlJudge quashes Antrim 'fishing expedition' subpoenas
By Mardi Link mlink@record-eagle.com 4 hrs ago
13th Circuit Court Judge Kevin Elsenheimer presides over a motion hearing Monday where attorneys representing four county clerks argued against subpoenas seeking election data as part of an election lawsuit in Antrim County.
BELLAIRE – A judge characterized subpoenas filed by a plaintiff’s attorney in an Antrim County lawsuit as a “fishing expedition,” as he ruled clerks in four Michigan counties do not need to provide election data as part of discovery in the case. “The plaintiff must have more than mere conjecture, more than speculation, to support its request to discover information from these other counties,” said 13th Circuit Court Chief Judge Kevin Elsenheimer, during a four-hour motion hearing Monday. The ruling is among the latest court action in an ongoing election-related lawsuit filed Nov. 23 by attorney Matthew DePerno, on behalf of a Central Lake Township man, Bill Bailey, who accuses the county of voter fraud and of violating his constitutional rights. “Without same, requiring non-parties to comply with requests like this would indeed be burdensome, would be tantamount to a fishing expedition,” Elsenheimer added, “and as I said, would be unnecessarily burdensome to the clerks.” In March DePerno subpoenaed clerks in eight Michigan counties — Barry, Charlevoix, Grand Traverse, Kent, Livingston, Macomb, Oakland and Wayne — seeking their poll tapes, ballots, logs, tally servers, election management servers, election media, spreadsheets and canvasser notes from the 2020 election.
DePerno contended in court filings that Michigan was among four “battleground” states that had implemented an “algorithm used to regulate and shift votes in the 2020 elections” and that data from the eight counties would be used as a “control group” to discern fraud in Antrim County. Combined, the data requested represents more than 2.6 million votes cast, though Elsenheimer said he saw nothing in a brief filed by DePerno on Friday, that would convince him access to the data, if granted, would lead to any relevant information. Attorneys appearing on behalf of the four clerks agreed. “Since we have paper ballots with that system, this new theory, is basically conjecture or speculation based on a failure to understand how elections are conducted in Michigan,” said Frank Krycia, an attorney appearing on behalf of Macomb County. Krycia also offered one of the more succinct explanations to date, of what caused previously acknowledged errors in Antrim County’s initial vote tally, when about 2,000 votes cast for then-President Donald Trump, were temporarily assigned to then-challenger Joe Biden. “The machines were set to look for the dark ovals on the old ballot and then the ballots were changed,” Krycia said, of Antrim’s ballots printed in October, of which errors were found in some townships and corrected, without a corresponding update to voting machine software. “This caused an error in the preliminary results on election night, or shortly thereafter, which was then corrected,” Krycia said. “This was unique to Antrim County. Macomb didn’t have corrected ballots.”
Attorneys representing clerks in Barry, Grand Traverse, Livingston and Macomb counties had filed motions to quash — or cancel — the subpoenas in 13th Circuit Court; similar motions were filed on behalf of the four additional counties in other jurisdictions, court records show. DePerno’s brief responding to the motions to quash included statements from Douglas Frank, James Penrose and the firm Cyber Ninjas, submitted after the discovery deadline and all previously unknown to the court, which appeared to displease Elsenheimer. “The quote ‘experts’ unquote, that have been identified to support its contentions — Frank, Cyber Ninja and Penrose — while having interesting theories are not expert witnesses that have, as of yet, been named within this court’s case management order,” Elsenheimer said. “And were produced in the waning hours after discovery had closed in this case,” the judge added. “Their theories therefore have not been tested with the crucible of truth that is our discovery system.”
While DePerno contended Antrim County Clerk Sheryl Guy “admitted” in a March 4 county commission meeting she had deleted election data from the county’s Dominion Voting System machines, a recording of the meeting does not confirm that. “We truly did not have correct training with the Election Source new program,” Guy said, explaining, during contentious questioning by some commissioners, how errors occurred. “Because we didn’t know we had to pull all the cards back, not just the ones we fixed,” Guy said, about the ballot reprinting issue. “So when you are talking about who did it. I did it. My office staff did it. Under my authority to get those numbers right. It wasn’t fraud — it was doing my job. Getting my numbers certified.” Elsenheimer invited the four county attorneys to stay and observe the remainder of the motion hearing after he agreed to quash the subpoenas. None did. “I have not taken an extensive amount of time to acquaint myself with this case because I don’t feel that would be a prudent use of taxpayer dollars,” Kit Tholen, deputy civil council for Grand Traverse County, said.
In the remainder of the hearing, attorneys for the Secretary of State and Antrim County sparred with DePerno over additional discovery issues, after it was revealed DePerno filed 43 interrogatories and 98 requests for production of documents with Antrim County and 30 interrogatories with the Secretary of State, along with 112 requests for documents. Haider Kazim, who represents Antrim County, said the county has provided 2,500 pages of documents and called the requests “an abuse of the discovery system,” and based on conjecture, though DePerno said he was simply passing on requests he’d received from those on his expert witness list. Elsenheimer extended the timeframe and narrowed the scope of discovery — as he had done previously, in a March motion hearing — ruling personnel files of certain county and state employees weren’t relevant, nor was investigatory information, if it even existed, regarding Secretary of State Jocelyn Benson’s husband. DePerno may submit a maximum of 20 interrogatories and 50 requests for documents each to the county and the state, the judge said. On Friday, Erik Grill, an attorney representing the Attorney General’s office, filed a motion supported by Kazim, for summary disposition, which essentially asks the judge to vacate the case. Elsenheimer has yet to rule on that motion.
Of course, smacked down Matt ran to Jim Hoft's Gateway House of Boys (and Pundits):
Video (didn't watch) at: https://www.thegatewaypundit.com/2021/0 ... ase-video/EXCLUSIVE: Attorney Matthew DePerno Sits with Jim Hoft and Patty McMurray in First Interview After Court Hearing on Antrim County Case (VIDEO)
By Jim Hoft Published April 13, 2021 at 7:30am
On Friday Michigan Attorney Matthew DePerno released his much anticipated Michigan Elections Forensics Report. Among the findings DePerno announced that:
Modem chipsets were installed in the voting systems motherboards used in Michigan.
And there were 66,194 unregistered ballots tallied in just nine Michigan counties by one of his expert analysts.
For months the companies behind the computer voting systems claimed their computers did not have internet access.
In his report that was filed in Michigan court, DePerno revealed that the ES&S DS200 voting machines contain a Telit LE910-SV1 Modem Chip installed on its motherboard.
On Monday The Gateway Pundit’s Jim Hoft and Patty McMurray from 100% Fed Up interviewed Attorney Matthew DePerno after his court hearing earlier this afternoon. DePerno explained how he has been denied information from Michigan authorities and county officials to continue his investigation to discover what happened in the 2020 election in Antrim County and in Michigan.
On Monday the judge denied his request for elections information from eight Michigan counties at the hearing. The entire Michigan media refuses to report on his explosive findings from his latest report. And Matthew told us about the threats he continues to receive as his investigation continues into the 2020 election in Antrim County.
Hope Dominion bankrupts this lying creep.